Michael Peters v Attorney General Director of Public Prosecution CPL. Clifton JNo. Baptiste Defendants

• Jurisdiction: Dominica
• Judge: Cottle J
• Judgment Date: 22 April 2013
• Judgment citation (vLex): [2013] ECSC J0422-3,[2013] ECSC (DMA) J0422-3,[2013] ECSC (AIA) J0422-3
• Court: High Court (Dominica)
• Date: 22 April 2013
• Docket Number: DOMHCV2011/0358

[2013] ECSC J0422-3

Before:

The Hon. Justice Brian Cottle

DOMHCV2011/0358

Between:

Michael Peters

and

Attorney General

Director of Public Prosecution

CPL. Clifton JNo. Baptiste

Defendants

Appearances:

Mrs. Zena Dyer for the Claimant

Ms. Nuraiyah Sebastien for the Defendants

Cottle J

1 The claimant is a prison officer. He is presently on suspension. He was placed on suspension subsequent to being charged with criminal complaints which alleged that he had negligently permitted the escape of a prisoner or willfully allowed the prisoner to escape. He pleaded not guilty and the matters went to trial before the magistrate. Evidence was taken from some witnesses. There were many adjournments of the matter before the magistrate. Several adjournments were at the behest of counsel for the claimant who was engaged at other courts. Eventually the matter was dismissed by the magistrate for want of prosecution on 12 ^th July 2010.

2 The Director of Public Prosecutions filed charges against the claimant on 30 ^th July 2010 containing the same allegations as the earlier charges. The claimant filed the present constitutional claim. He seeks the following relief

• i. A declaration that charges DOMMCR2010/1838 and DOMMCR2010/1839 as particularized in the Affidavit hereto and preferred by the 3 ^rd defendant are unconstitutional, illegal, void and of no effect being in contravention of section 8(1) of the constitution in that the claimant/applicant has not been afforded a fair trial within a reasonable time and that the claimant/applicant is not liable to stand trial thereon and that such charges are an abuse of process

• ii. An Order that the said charges be squashed (sic) and no further proceedings be taken in respect of the offences charged against the claimant/applicant

• iii. Damages for breach of the claimant's/applicants constitutional rights to a fair trial within a reasonable time.

• iv. Such further order and directions as may be appropriate to protect the fundamental rights of the claimant/applicant guaranteed by the constitution and to avoid any further contravention of the constitution

• v. Further or other relief

• vi. An Order that the costs of and incidental to this application be paid by the respondents/defendants

3 When the matter came up for hearing before me I ordered the parties to make written submissions by 31 ^st May 2012. The matter would then be determined on those submissions. The defendants...